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<br />STUDY #2: <br />WATER QUALITY <br /> <br />The extent of the relationship of this study to <br />the Water Quality Study is similar to that ident- <br />ified for the Instream Flow Study. That relation- <br />ship is dependent upon the extent that ground- <br />water property rights alternatives encourage or <br />discourage use of water in areas where con- <br />tamination by nitrates or other pollutants is a <br />direct result of the application of supplemental <br />water and chemicals. <br /> <br />STUDY #3: <br />GROUNDWATER RESERVOIR <br />MANAGEMENT <br /> <br />This study and the Groundwater Reservoir <br />Management Study dated March, 1982 are very <br />closely related in all respects. In fact, the subject <br />matter addressed by this study could have been, <br />and perhaps should have been, dealt with at that <br />time. As a result, policy makers could benefit from <br />information generated in that report when con- <br />sidering alternatives identified in this one. <br />A particularly close relationship with the <br />Groundwater Reservoir Management Study is <br />found in Alternatives # 10, # 11, and # 12 in this <br />report. Those alternatives present ways of alloca- <br />ting particular quantities of groundwater among <br />prospective users. They are direct alternative <br />ways to achieve whatever groundwater reservoir <br />management objectives are being sought. <br />The other alternatives in this report are also <br />closely related to the Groundwater Reservoir <br />Management Study, but somewhat less directly. <br />The first five alternatives, all of which approach <br />the issue from the standpoint of the landowner's <br />property right in the groundwater supply, would <br />have different impacts on the ability to publicly <br />manage groundwater supplies. If Alternative #2 <br />were adopted, the options for public manage- <br />ment would be severely limited. Alternatives #3 <br />and #4 more closely approach current Nebraska <br />law and would allow considerable flexibility in <br />that regard. The effect of Alternative #5 in this <br />respect cannot be determined. <br />The next four Alternatives, #6 through #9, all <br />specify liability rules between competing users. <br />Their effect on groundwater use would depend <br />upon the type and extent of the liabilities created. <br />The greater the potential liability to other users, <br />the more groundwater utilization would be dis- <br />couraged. Alternative #6 imposes a very limited <br />liability and as a result would probably not dis- <br />courage groundwater use to any great extent. On <br />the other hand, Alternative #7 could prove to be a <br /> <br />4-2 <br /> <br />significant impediment to additional develop- <br />ments in some areas. The effects of Alternative <br />#8 would depend upon the specific uses given a <br />preference. The final alternative in this cate- <br />gory,#9, would not, if implemented, be expected <br />to have a significant effect upon the amount of <br />use because of practical limitations on its appli- <br />cation. It might be more costly to attempt to <br />assess comparative cause than to remedy the <br />problem. <br /> <br />STUDY #4: <br />WATER USE EFFICIENCY <br /> <br />Many of the alternatives in this study are also <br />closely related to the Water Use Efficiency Study <br />because they would encourage or discourage <br />efficient use of water. Alternative #2 would <br />provide the least encouragement for eliminating <br />waste, while Alternatives #3 through #5 would <br />provide some incentive for efficiency, as would <br />Alternative #6. Also directly encouraging more <br />efficient use would be Alternatives # 11 and # 12. <br />If each landowner knew exactly how much water <br />could be utilized, it is likely that landowners <br />would choose the most efficient use possible and <br />feasible under the circumstances. <br /> <br />STUDY #5: <br />SELECTED <br />WATER RIGHTS ISSUES <br /> <br />Drainage of Diffused Surface Water. The only <br />portion of the drainage report significantly re- <br />lated to this report is the portion dealing with <br />wetlands. In some areas groundwater usage can <br />contribute to or cause the loss of wetlands. Any <br />effect of the alternatives in this report on that <br />usage could, therefore, affect the retention of <br />those wetlands. <br />Preferences in the Use of Water, Alternative #8 <br />in this report is directly related to the preferences <br />report forwarded by the Commission in October <br />of 1981. In fact, Alternative #8 would essentially <br />codify the present law of Nebraska by combining <br />(1) the current statutory preferences system and <br />(2) the judicial application of that system as a. <br />means for resolving conflicts between different <br />types of groundwater users. <br />Beneficial Use. Of the four major subject areas <br />addressed in a draft report on Beneficial Use, <br />only one is significantly related to this study. That <br />subject area is the application of beneficial use <br />as a method of limiting waste. The relationships <br />between that portion of the Beneficial Use Study <br />and this study are the same as those noted above <br />for the Water Use Efficiency Study. <br />